Averitt Wills and Estates
Will of Henry Averitt 1771 Bertie Co, North Carolina
Will of Henry Averitt, Sr. 1772 Bertie County, North Carolina
Will of Jesse Averitt, 1798 Bertie County, North Carolina
Will of Jeduthem/Jeduthan Averitt 1798 Nash County, North Carolina
Will of John Averitt 1785 Onslow County, North Carolina
Will of Nathaniel Averitt 1780 Onslow County, North Carolina
Will Jinkin Averitt - 1800 - Onslow County, North Carolina
In the name of God Amen. I Benjamin Averitt of Onslow County in the State of North Carolina being weak in Body but of Sound and perfect Mind and Memory (Blessed ne God) do this twenty eighth day of February in the year of our Lord one thousand seven hundred and ninety-seven make and publish this my last and Testament in manner and form following. Viz:
First I give unto my loving Wife Amey Averitt one good bed and Furniture
that she shall choose. Also one small Trunk. Also I give to my Daughter
Hannah one Bed & Furniture. Item. I give unto my son Spooner Averitt
one Bed and Furniture. Item. I give unto my Son Aaron Averitt one Bed and
Furniture. Also I give unto my Son Spooner Averitt my Maple Desk. Also
I give unto my son in law James Eadins(?) one Rifle Gun which he has now
in possession. Item. I give unto my Son Joseph Averitt one large Iron Kettle.
Item. I give unto my Son Aaron Averitt one Heffer. Item. I give to my Daughter
Aamah(?) one Heffer. Item. I give unto my Son John Averitt one Sow &
Piggs. Also I give unto my Son Rubin Averitt one Sow & Piggs. Item.
I do hereby give and bequeath all the residue of my Estate not here
before particularly mentioned to be equally divided by lot between my Wife
Amey Averitt, & my Sons Joseph, Spooner and Aaron Averitt & my
two Daughters Hannah Averitt & Firiby(?) Eadens(?) to them & their
Heirs & Assigns & they to choose such Item as they think propper
to make an equal division. Lastly, I do hereby nominate and appoint my
Sons Joseph and Spooner Averitt my Executors of this my last Will &
Testament. In Witness whereof I the said Benjamin Averitt have to this
my last Will and Testament Set my hand and Seal the Day and Year
first written.
Benjam Averitt -(Seal)
Signed, Sealed, published & declared by the Sd. Benj'a. Averitt
the Testator as and for his last
Will and Testament in the presence of us who were present at the signing
and Sealing thereof.
Test:
William Wheeler
Reuben Averitt
Onslow County
In Court April Term 1798
This Will was proved by the Oath of Reuben Averitt & Joseph Averitt
& Spooner Averitt the
Executors qualified thereto.
S. W. Snead(?)
Source: Original Will at the North Carolina State Archives.
Note: There is no record with this Will stating when it was proved
in court.
In the name of God Amen. I Henry Avaritt of Bertie County being sick
and weak in Body But of perfect mind and Memory thanks be given unto God.
Calling unto mind The mortality of my Body and knowing that is appointed
for all men once to die I do make and ordain this my last will and Testament.
that is to say principally and first of all I give and recommend my Soul
into the hand of almighty God that gave it and my Body I recommend to the
Earth to be buried in Decent christian Burial at the discretion of my Executors.
Nothing doubting but at the General Resurrection I shall Receive the same
again by the mighty power of God. And touching such worldly Estate where
with it has pleased God to bless me in this life I give, devise and Disspose
of the same in the following manner and form. First, I give and bequeath
to Millia my dear Beloved wife one Negro wench Named Clo**e (Clovie?) and
one Bay horse Called Jack. Also I give to my well Beloved son Jesse Avaritt
one young horse called Pompe(?). Also I give all my Negros Except the aforesaid
wench To my four children. That Jesse Avaritt, Seley(or Selvy?) Avaritt,
Martha Avaritt and Bettey Avaritt for my said Negroes and there increase
to be equally divided Among my afore said children when my son Jesse comes
to the age of nineteen years old. I also give to my daughter Seley(?) Avaritt
and my daughter Martha Avaritt one piece of land st**saye(??) and tenement
the said Land to be divided in two Equal parts and my daughter Seley(?)
to have one equal part and my daughter Martha to have the other Equal parte.
The said piece of land is called pea(?) Hill. Also I give and Bequeath
to my daughter Betty Avaritt forty five pounds virginia money. The said
money to com out of the ninty pounds that my father is to give me for Dick.
Also I leave all my stock of Cattle, horses and hogs to be Equally divided
among my wife and four Children after my Just debts is paid. Also I leave
my house hould Goods and moveables to be Equally divided Between my wife
and four children. I also desire and impower My Executors to sell any part
of my stock to raise money to pay my Just debts and as my stock increases
my will and desire is that my Executors Sell such part of the Increase
as they shall think proper and put the money to Interest for my four children.
I likewise constitute, make and ordain my Brother Charles Avaritt and Thomas
Pugh Executors of this my last Will and Testament. And I do hereby utterly
Disallow, Revoke and Disannul all and Every other Testaments, Wills, Legacies,
Bequests Be me any ways before named, Willed and Bequeathed. Ratifing and
confirming this and no other to be my last will and Testament. In Witness
whereof I have hereunto set my hand and seal this Twenty Eight day of October
1771.
Henry Avaritt -Seal his mark
Signed Sealed Published pronounced and declared by the said Henry Avaritt
To be his last will and testament in the presence of us who in his presents
and in the presents of Each other have hereunto subscribed our hands.
Thos. Pugh Junr.(?)
Elizabeth Harrell -her mark
Henry Avaritt Sr.(?)
Source: Original Will at the NC State Archives
In the name of God amen. I Henry Averet of the County of Bertie and
province of North Carolina being **** and aflicted with bodily pain but
of perfect Sence Sound mind and memory do make and ordain this my Last
Will and Testament in manner and forme following. (Imprimis) I give and
Bequeathe unto my grandson Jesse Averet, son of my Son Henry Averet, his
Heirs and assigns forever my Dweling Plantation and Land adjoining there
too. Item. I give and Bequeathe unto my Said grandson Jesse Averet, his
Heirs and assigns forever one Negro Boy Tom. Item. I give and Bequeathe
unto my granddaughter Elizabeth Averet, Daughter of My Son Henry Averet,
her Heirs and assigns forever, one Negro Boy Soloman. Item. I give and
Bequeathe unto my Son Charles Averet, his Heirs and assigns forever one
Lot of Land lying in **** at or near the Land**. Item. I give and
Bequeathe unto my Said Son Charles Averet, his Heirs and assigns forever
The following Negros, Wallis, Nan, Frank, Dick and their Future increase.
Item. I give and Bequeathe unto my grand son James Abington, son of my
Daughter Sary Abington, his Heirs and assigns forever, the following Negros,
Peter and Exetor. Item. I give and Bequeathe unto my grandson Hardyman
Abington, his Heirs and assigns forever one Lot of Land Lying in Windsor.
Item. I give and Bequeathe unto my aforesaid grandson Hardayman Abington,
his Heirs and assigns forever one Negro Boy Harper(?). Item. I give and
Bequeathe unto my Daughter Mary Bryan, her Heirs and assigns forever, one
parcel or tract of Land lying in Johnston County Near Nuse River. Item.
I give and Bequeathe unto my said Daughter Mary Bryan, her Heirs and assigns
forever the following Negros. Hannah, Bess, Jo, Peter and there future
increase. Item. I give and Bequeathe unto my Seven grand Children, Sons
and Daughters of my Daughter Sary Abington, Named as follows. Mary Abington,
Martha Abington, Elizabeth Abington, William Abington, Thomas Abington,
Henry Abington, Littleberry Abington, they or so many of as shall Survive
to the age of twenty one years or Marriage, there Heirs and assigns forever,
one Negro woman. That and Ten Pounds Current money of Virginia. To be raised
and Levied out of my Estate and to be Equally Divided Between them. Shair
and Shair alike. Item. I give and Bequeathe unto my Son Charles Averet
and my Daughter Mary Bryan and unto my Daughter Sary Abington Children
and unto my Son Henry Avaret Children and to all there Heirs and assigns
forever, the following articles one *ill wo*man***, one Stock of Cattle
at Pamlico, one Stock of Cattle at Cataret and Remainder of my Estate that
shall be Remaining after the Legacies and all my Just debts Paid of to
be Equally divided Between them in the following manner. My said Son Charles
Averet to have one fourth part of the said Shel(?) Stock of Cattle and
Remainder of the Estate and my said Daughter Mary Bryan to have one fourth
part of the above mentioned artickeles and my Daughter Sary Abington Children
to have one fourth part amongst them all and to be Equally divided amongst
them. Shair and Shair alike. And my Son Henry Averet Children to have one
fourth part amongst them all and to be Equally divided amongst them all.
Shair and Shair alike. Lastly I nominate, Constitute and apoint My Son
Charles Averet and Noah Hinton Executors to this my Last Will and Testament,
hereby Revoking and Dissanulling all others heretofore by me made made.
In Witness whereof I have here unto Set my Hand and Seal this 3 day of
July 1772.
Henry Averet -his mark
Signed, Sealed, Published, Pronounced and Declared By the said Henry Averet To be his Last Will and Testament in the presents of us the Subscribers.
William House ***
Elisabeth House
Henry Avret
Sept(?) Court 1772
Bertie County Sct(?)
Proved in open Court and *** f*** of Said(?) by the oath of William
House one of the Subscribing Witnesses and on ******* ordered to be Registered.
Test. John Johnston
In the name of God Amen.
I Jesse Averitt of the State of No. Carolina and the County of Bertie, being low in health but sound in mind and memory. Calling to mind the Mortality of my Body knowing that it is appointed for Man to die. Do make and ordain this my last Will & Testament.
First, I commit my Body to the dust from whence it came to be decently buried according to the discretion of my Executor & my Soul to God who gave it.
I lend unto my beloved Wife Mary during her natural life the Manor &
Plantation whereon I now live containing two hundred & sixty six Acres
more or less being the plantation given to me by my Grandfather Henry Averitt.
Also I lend unto her as above the following Negroes. (Viz) Jacob &
his Wife Peggy, her children Winny, Abraham, Joe, & Penny. Also a Negroe
Woman
by the name of Fanny & their increase.
Also I give unto my beloved Wife Mary three Horses, the choice of my Stocks. Also six Cows & Calves, her chose of my Stock. Also six Sows & Pigs, one third of my Sheep, my double riding Chear & Gear, seventy five barrels of Indian Corn, Twelve hundred weight of Courk, two feather beds & furniture, her chose. Finily I give unto my sd' Wife all my Household & Kitchen furniture of whatsoever kind, except those on my other Plantations. Except also one half dozen of Table & one of Tea silver spoons & the feather Beds that are not mentioned. Also one fourth of my Plantation Tools.
I give and bequeath to my Son Jesse Averitt all my Land and Plantations both high and lowe that I possess to him and his Heirs for ever.
I give and bequeath to my Daughter Elizabeth one half dozen Table & half Doz. Silver Tea Spoons to her & her Heirs for ever.
I give and bequeath to my two Children Jesse & Elizabeth to them and their Heirs for ever to be divided at the time my daughter Elizabeth shall arive to the age of twenty one years or at her Mariage the following Negroes. (Viz) Old Jacob, Hannah, Bes (or Bet?), Simon, Tom, Will, Adam, Rachel, Lettie, Lem, Bucher(?), Harry, Jacob, Viney, Nancy, Viney, Silvy, Biddy, Jenny, and Sparling. They and their increase for ever. Also those I have lent to my Wife; my will and desire is that after her death they and their increase shall be equally divided between my two children as above. Also I give unto my Sd' Children all the rest of my Estate of whatsoever kind to be equally divided at the time above mentioned to them & their Heirs for ever.
My will and desire is that my Executor hereafter mentioned shall be
at liberty to dispose if he thinks proper by sale either private or publick
as he shall find expedient the following Negroes (Viz) Old Jacob, Hannah,
Adam & Bet(?). Also that the money arising from the sale of the above
Negroes be appropriated to the use of purchasing of Land for my Son Jesse
and also to make use of any other money belonging to my Estate that can
be spared. That my Executor have full power to bargain for sd' Land &
take every necessary step to make payment for the same out of my Estate
& to secure the right of the Land thus purchased to my Son Jesse for
to be his & his Heirs for ever. And in case the Land above mentioned
should be purchased, my
desire is the half of the purchased money be paid to my daughter Elizabeth
out of my Son Jesse's Estate with Interest from the time of payment for
sd' Land.
Further I impower my Executor to worke my Negroes on my Land for the benefit of my Children, or hire them out & rent my Land as he shall think most advantageous to my Estate. Also the incomes of my Estate to be equally divided between my two Children; Jesse & Elizabeth at the time of the division of the rest. Except what shall arise from the Land purchased by my Executor for my Son Jesse. And that each of my Children shall bear an equal part of the expenses which shall arise therefrom until the division.
Lastly I nominate and appoint my trusty friend Aaron Spivey sole Executor
to this my last Will & Testament. Revoking all others by me heretofore
made. Where unto I set my hand & Seal this forth day of October one
thousand seven hundred & ninety eight.
Jesse Averit -Seal
Signed in the presence of
Noah Thompson
Wm. Bryan
Sarah Spivey
Whereas I have not made mention in the preceding part of my will what shall be done with my Estate in case my two Children as above mentioned shall die without lawful issue. My will and desire is in case they do both die without issue lawfully begotten of their bodies that all the property that wold have been theirs in case they had lived shall go to the sons of my Sister Cealy Powell. To them and their Heirs forever to be equally divided amongst them.
Signed by me Jesse Averit -Seal
Wm. Bryan
Sarah Spivey
Noah Thompson
Whereas I have in the former part of my Will only lent to my beloved
Wife a Negro Woman by the name of Fanny & as from her conduct laterly
I presume she may be very troublesome to my Wife. My will & desire
is my wife shall dispose of sd' Fanny as she may think proper & convey(?)
the money arising therefrom as she shall choose as her own right
& property forever
& in case I should dispose of sd' Negro Fanny in my own lifetime
that my sd' Wife Mary to enjoy the profits arising from the same as her
own right & property for ever.
My will & desire is also my Executor above mentioned shall raise out of my Estate & deliver to my sd. Wife Mary Fifty pounds Virg'a. Currency to be hers & her Heirs forever.
Assigned with my own hand this fourteenth day of April in the year of our Lord 1799.
Jesse Averit
Test.
Wm. Rhodes
Elizabeth Rhodes
Wm. Bryan
State of NoCarolina
Bertie County
May Term 1799
The last will and testament of Jesse Averit dec'd. with codicils annexed
was proved in open court by the oath of William Bryan one of the subscribing
witnesses and ordered to be
recorded.
George Gray**
Recorded in Book E(or C?) page 81
Jeduthem Averitt his Will and Testament
to my Daughter Susannah Drake five Shillings and I lend her as much
of my property as will buy her three Cows and Calves
and if She don't bring Nary Child by her own Body She returns Back
to the rest of the Children. Leive to my Wife Rebeckah
during her lifetime three Head of Horses to Two Negroes and all Ready
money(?) and every Ting Else I possess. And after her
death the property is to be left to the Children.
This my last will an test.
Jeduthun Averitt(?) -Seal
Test.
(Can't read thie first signature)
Hulda(?) Averitt(?)
North Carolina
Onslow County
In the Name of God Amen. I John Avirett of the County and State aforesaid,
planter, being weak in body but in my Rite mind. Calling unto mind the
Mortality of my body and knowing that tis apointed for all men once to
die, do make and ordain this my last will and Testament. That is to say
principally and first of all I give and Recommend my Soul into the hands
of almighty God that gave it and my body I Recomend to the Earth to be
buried in a decent Christian Burial at the Decretion of my Executors, Nothing
doubting but at the General Resurrection I Shall receive the same again
by the mighty powers of God. And touching such worldly Estate where with
it has pleased God to bless me with in this life, I give and Devise &
Despose of the same in the following manner and form. First I give and
bequeath to my well beloved Wife Mary Averitt one bed and Furnerture her
Choice, bedsted Cord and hide(?), one grey horse, bridle and saddle, one
Chest that is Ca** her particaller articles Reserved in the Chest for my
Children. I also lend to my wife Mary Averitt my plantation where on I
now live with all my plantation Tools and all my Household Furnerture and
Every necesary there unto belonging, all my notes of hand. I also lend
to my wife one Negro Fellow Calld Wil **alt the provision ** on the
plantation, Corn Cor****, Meat & fat. I also lend her all my horses,
cattel, Hogs and Sheep. The above articles lent is lent to her during her
Widowhood and then to be at my Executors descretion as they shall think
best for the good of my Children. I give and bequeath to my daughter Alief
Cooper one Shilling Sterling and no more of my Estate. I give and bequeath
to my daughter Esther Walton one Shilling Sterling and no more of my Estate.
I give and bequeath to my daughter Elizabeth Simmons one Shilling Sterling
and no more of my Estate. I give and bequeath to my daughter Susana Nelley
Howard one Shilling Sterling and no more of my Estate. I give and bequeath
to my Son Nathaniel Averitt all my land above Lewises branch with the plantation
where on I now live. Also one Negro Fellow Called Wil and one Still to
him and his heirs for Ever. I give and bequeath to my Son Arthur Averitt
all my land lying below lewises Branch. Also two Negro Fellows Called Sam
& March to him and his heirs for Ever. The said Negros Sam & Marchis
to be hired out to ward Schooling Seporting my two Sons. I give and bequeath
to my two sons Nathaniel & Arther all my Ware and all that I have lent
to my wife Except the Negro. I give and bequeath to the seven Children
that I have had by her to wit: Pegeann(??), Sereen, Mary Ann, Mahala, Nathaniel,
Nancy & Arther to be Equally divided amongst them and in Case my wife
Should Marry, my Executor is to let her have Such a part of my plantation
as they Shall think sufficient during her life. I do constitute and apoint
my Well beloved Wife Mary Averitt, Arthur Averitt, Benjamin Averitt &
John Spicer Jun'r. my hole and Sole Executors of this my last Will and
Testament. In Witness have here unto Set my hand and Seal this Twenty Ninth
day of March in the year of our Lord one Thousand Seven Hundred & Eighty
Five. Sined, Sealed and published and pronounst to be my last Will and
Testament in the presence of us who in his presence and in the presence
of Each other have here to Subscribed our Names.
John Avirett
Liuam(??) Campbell
Major Clark
Jinkin Avirett
Benjamin Ennett
John Ennett
The Will of John Avrett Dec'd. Was duly proved in Open Court by the Oath of Levin(?) Campbell & Major Clark. Mary Avret the *****, John Spiner Jun'r., & Benjamin Avrett the Executors there in Named was duly Qualified. Ordered they have Letters Testamentra Accordingly
Recorded th** **de prov'd April term 1785
Test. Will Cray(?)
April the third Day in the year of our Lord one thousand Seven hundred and Eighty. In the name of God amen. I Nathaniel Avirett do ordain this my last will and testament in form following. First of all I recommend my Soul to God that gave it to me and my body to the earth from whence it came. And as to my Worldly Goods I Dispose of in form following. I give up my Lands and livings to my my father whom I Received it of. Whereunto I Set my hand and Seal.
Nathaniel Aviret -his mark -Seal
In presents of
Zachariah Fields
Joseph Warren
John Avirett
This Will was proved in Open Court by the oath of Zachariah Fields one
of the Subscribing
Witnesses.
October Court 1780
Will Smyth(??)
In the name of God Amen.
I Jinkin Averitt of the County of Onslow and State aforesaid Being of sound and perfect mind And Memory Blessed be God, do this twenty sixth of March in the year of our Lord one Thousand Eight Hundred make and publish this my last will and Testament in manner and form following. That is to say.
First. I lend unto my Beloved Wife Elizabeth Averitt one negro Wench Called Cloah During her natural life And her Increase to be Equally Divided Between my Beloved Wife and son Thomas Collier Avirett.
Item. I give and Bequeath unto my Beloved Wife two horses Call'd Jack and Sparrow, three Cows and Calves Such as she makes Chois of four Yews and lambs, two sows And pigs, one bed and furniture. Also I lend her a Bed & furniture untill my son Thomas comes of age. Also I give unto my Beloved Wife Eight green chairs and one pine table, two chests, one Wolling Wheel, one lenning Wheel, case knives and forks, one loom and geer. Also I lend her a folding Walnut table & my cart untill my son Thomas comes of age. I give unto my Beloved Wife one tea kittle, pair flat irons and two pots, Hooks and trammels and such of the Earthen Ware and Bofat as she may Want. Also I give unto my Beloved Wife Such as she may Want of the Wooden Ware, one ax, one grubing hoe, one weeding hoe, one flook(?) plow, one pair trases, one set Clevis Irons, as much of the flax wool and Cotton in the house as she may want. To she and heirs for Ever.
Item. I give and Bequeath unto my Beloved son Thomas Collier Averitt one negroe boy Burnad? (Burnard?) and my Still to him and his heirs for Ever. My will and desire is that sd Negroe boy should be for the use of my beloved Wife untill my son Thomas comes of age or marries. My will and desire is that the Still should be hired out yearly and the money put to Interest, till my Son comes to the age of twenty one.
Item. My will and desire is that all my lands should Be sold and all the money arising from the Sale of sd. lands to be put to the use of purchasing My son Thomas a piece of land Other ways at the Discretion of my Executors.
Item. My will & desire is that in Case my Beloved Son should Dy under age or Issue that my Beloved Sister Peggy Shin*? the one forth of the money Arising from the Sale of sd. lands and the rest of the money to go to my Beloved Brother John Averitt three children to them & their heirs.
My Desire is that the rest of my property should go to the Collier family to them and their heirs for Ever.
And I Hereby make and ordain my Worthy friends Probis(?) Collier, John Collier and John Fullard Ex'rs. of this my last will and Testament. In Witness I the sd. Jinkin Avirett hath to this my last will & testament Set my hand and Seal the day & year Above Written.
Jienk Avirett -Seal
Signed Sealed published
& delivered in the presents
of us
Test.
Sam'l Dairs(? or Davis??)
Nath'l. Loomis
Willoughby Shackelford
Onslow January Term 1801
The within will of Jenkin Averitt was proved in open Court
by Nath'l. Loomis one of the Subscribing Witnesses & John Fullward(?) one of
the Ex'rs. therein Named Qualified thereto.
Nath Loomis ****
Recorded in Old Wills of 1800 page 15